17 Dec PRELIMS BIT: PRELIMS BIT: IMPEACHMENT OF THE PRESIDENT
Syllabus mapping:
GS-2: Indian Polity: Indian President: Appointment and impeachment.
For Prelims:
Key constitutional provisions related to the president of India
Why in the news?
South Korean President Yoon Suk Yeol has been impeached by lawmakers following his controversial declaration of martial law, which led to mass public outrage and a constitutional crisis. In a significant vote held in the 300-member National Assembly, 204 lawmakers supported the impeachment motion, while 85 voted against it. As a result, President Yoon’s powers have been suspended pending a review by the Constitutional Court. This development underscores the growing political tension in South Korea and the backlash caused by the president’s decision to impose martial law.
South Korean president impeachment procedure:
Initiation by the National Assembly:
Proposal: An impeachment motion against the president requires the support of a majority of the total members of the National Assembly.
Approval: To pass the motion, at least two-thirds of the total members (200 out of 300) must vote in favor.
Suspension of Presidential Powers:
Once the impeachment motion is passed, the president’s powers are immediately suspended pending the outcome of the judicial review.
Review by the Constitutional Court:
Timeline: The Constitutional Court is required to render a decision within 180 days of receiving the impeachment case.
Decision Requirement: At least six of the nine justices must concur to uphold the impeachment.
Outcome: Removal from Office: If the Constitutional Court upholds the impeachment, the president is removed from office, and a presidential election must be held within 60 days.
Reinstatement: If the court overturns the impeachment, the president is reinstated with full powers.
This process ensures a system of checks and balances, allowing for the removal of a president who has violated the Constitution or other laws, while also providing safeguards against arbitrary or politically motivated actions.
Indian president impeachment procedure:
Criteria |
Process |
| Constitutional Basis | Governed by Article 61 of the Constitution. Grounds: Violation of the Constitution. The process involves both Lok Sabha and Rajya Sabha. |
| Initiation of Impeachment | Can be initiated in either House of Parliament. Requires a notice signed by at least one-fourth of the total members of that House. Grounds: Clear statement of violation of the Constitution. |
| Investigation and Charges | After receiving the notice: A committee may be formed to investigate the charges. If sufficient grounds are found, charges are presented in writing. |
| Voting Procedure | First Stage (Rajya Sabha): Requires a two-thirds majority of members present and voting. Second Stage (Lok Sabha): The resolution requires a two-thirds majority of members present and voting. |
| Final Outcome |
If both Houses pass the resolution:
The President is impeached.
The President ceases to hold office immediately.
|
| Historical Context | No President has been successfully impeached so far. Attempts were made against Presidents like Zakir Husain and Giani Zail Singh, but they did not succeed. |
| Conclusion | Ensures accountability while preventing arbitrary removal of the President. Uphold’s constitutional safeguards and due process. |
Comparison of impeachment process between India and South Korea
Criteria |
India |
South Korea |
| Governing Law | Article 61 of the Indian Constitution. | Article 65 of the South Korean Constitution. |
| Grounds for Impeachment | Violation of the Constitution. | Violation of the Constitution or other laws. |
| Initiation | Can be initiated in either House of Parliament.
– Notice signed by 1/4 of members of that House. |
Initiated in the National Assembly.
– Requires a majority vote to propose impeachment. |
| Voting Threshold in Legislature | Passed with a two-thirds majority in both Houses: Lok Sabha and Rajya Sabha. | Requires two-thirds approval of the total members of the National Assembly (200/300). |
| Investigation Process | A committee may be formed to investigate the charges before presenting them formally. | No separate investigation by the legislature; case directly proceeds to the Constitutional Court. |
| Judicial Review | No direct judicial review; the process is fully carried out by Parliament. | The Constitutional Court reviews the impeachment case.
– Must decide within 180 days. |
| Final Decision Authority | Parliament (Lok Sabha and Rajya Sabha). | Constitutional Court (requires approval of 6 out of 9 judges). |
| Immediate Impact | The President remains in office until both Houses pass the resolution. | The President’s powers are immediately suspended once the motion is passed in the Assembly. |
| Outcome | If impeachment passes in both Houses, the President ceases to hold office immediately. | If upheld by the Constitutional Court, the President is removed; otherwise, reinstated. |
| Historical Instances | No Indian President has been successfully impeached to date. | One significant impeachment: President Yoon Suk Yeol in 2024 |
Key Differences:
Judicial Involvement: In South Korea, the Constitutional Court plays a crucial role, whereas in India, Parliament alone decides the outcome.
Immediate Suspension: In South Korea, the President’s powers are suspended once the motion passes the National Assembly; in India, the President remains in office until the entire process concludes.
Threshold for Initiation: South Korea requires a simple majority for initiation, whereas India requires support from one-fourth of the members of the initiating House.
Download Plutus IAS Current Affairs (ENG) 17th Dec 2024
Prelims Question:
Q. Which of the following statements is correct with respect to the impeachment of the President of India?
1. The president of India is impeached only on the grounds of violation of the constitution.
2. The president of India can be impeached by the Lok Sabha Only.
3. To impeach, the president of India substantive motion must be moved before the House.
How many of the above-given statements are correct?
A. Only one
B. Only two
C. All three
D. None
ANSWER: B
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